Case Digest (G.R. No. 130335)
Facts:
People of the Philippines v. Jessie Olivo, Jr., G.R. No. 130335, January 18, 2001, Supreme Court Second Division, Mendoza, J., writing for the Court. The case is an appeal from the Regional Trial Court, Branch 6, Baguio City (decision dated February 27, 1997, per Judge Ruben C. Ayson), which found Jessie Olivo, Jr. guilty of murder and sentenced him to reclusion perpetua, ordered indemnity to the victim's heirs, actual and moral damages, and costs.The information charged that on or about June 13, 1996 in Baguio City the accused, “with intent to kill and taking advantage of superior strength,” stabbed and smashed the head of Jane Lorielinda Tacyo (also “Lorie”) with a screwdriver and two rocks, causing death; the information also alleged the qualifying circumstance of outraging or scoffing at the corpse. Upon arraignment the accused pleaded not guilty and trial ensued.
Fourteen (14) prosecution witnesses and two defense witnesses (an NBI fingerprint expert and the accused) testified. The prosecution evidence showed that on the morning of June 14, 1996 the nude body of a young Igorot woman was found in a canal near the Athletic Bowl at Burnham Park; the face and skull were crushed, and there were multiple stab wounds to the neck and abdomen. The police recovered two blood-stained rough rocks and a screwdriver near the body; forensic testing by the PNP Crime Laboratory returned positive for human blood and hair strands on the rocks matched the victim.
Witnesses identified the victim as Lorie and placed the accused in her company shortly before her disappearance: a colored picture taken the morning of June 13, 1996 showed the victim smiling behind the accused and another companion; several friends testified they had seen the accused with a screwdriver like the one recovered; a former girlfriend, Shalimar Gaddang, last saw the victim leave the Mountain Rock Disco accompanied by the accused after midnight on June 14, 1996. Forensic pathologist Dr. John Tinoyan concluded the fatal injuries were crushing injuries to the head consistent with blows from a hard object and that the stab wounds were probably inflicted after death.
The accused testified denying involvement, giving an alibi and alternative explanations (identifying another person as owner of the screwdriver). He left Baguio for Metro Manila days after the discovery; while working in Cubao acquaintances reported statements he made about the killing, which led to his arrest and return to Baguio. The trial court convicted him of murder, finding the qualifying circumstance of taking advantage of superior strength proven but not that of outra...(Subscriber-Only)
Issues:
- Was the circumstantial evidence adduced at trial sufficient to convict Jessie Olivo, Jr. of murder beyond reasonable doubt?
- Were the alleged qualifying circumstances — (a) taking advantage of superior strength and (b) outraging or scoffing at the person or corpse — established?
- Were the trial court’s awards for actual and moral damages prop...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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